Legislative Matter

Miami-Dade Legislative Item
File Number: 092579

Clerk's Official Copy

File Number: 092579

File Type: Ordinance

Status: Adopted as amended

Version: 0

Reference: 09-68

Control: Board of County Commissioners

File Name: LOCAL CERTIFIED SERVICE DISABLE VETERANS BUSINESS

Introduced: 9/16/2009

Requester: NONE

Cost:

Final Action: 9/1/2009

Agenda Date: 9/1/2009

Agenda Item Number: 7A

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 092175, 091856.

Title:

ORDINANCE ESTABLISHING PROCEDURES FOR PROVIDING PREFERENCE TO LOCAL CERTIFIED SERVICE-DISABLED VETERAN BUSINESSES IN COUNTY CONTRACTS; CREATING SECTION 2-8.5.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 092175, 091856]

Indexes:	VETERANS
	DISABLED

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Dorrin D. Rolle, Co-Sponsor
	Katy Sorenson, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	9/16/2009		Assigned	Daniel Frastai

Board of County Commissioners	9/1/2009	7A AMENDED	Adopted as amended				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Diaz said he felt that disabled veterans who were self-employed in the community deserved additional preference. He noted this proposed ordinance echoed recent legislation of the State of Florida. Assistant County Attorney Daniel Frastai noted that amended language needed to be added to the foregoing proposed ordinance. Assistant County Attorney Frastai responded to Commissioner Seijas’ inquiry pertaining to the determination of who qualified as a Local Certified Service-Disabled Veteran. He said that a local vendor would qualify pursuant to Section 2-8.5 of the Miami-Dade County Code and must also be a certified disabled veteran enterprise pursuant to State Statute 295.187. Commissioner Seijas said that this proposed ordinance should apply exclusively to veterans discharged with a disability. Assistant County Attorney Frastai advised that the requirements for eligibility were: a veteran who was a permanent resident of Florida with a service connected disability of ten-percent or greater as determined by the US Department of Veteran Affairs, or who had been terminated from military service by reason of disability by the US Department of Defense. Commissioner Seijas said that she would vote against this proposed ordinance because of the ten-percent disability requirement. Commissioner Diaz noted he was not in the position to make a medical determination of a disability. He noted that current engagements in Iraq and Afghanistan created disabilities that had not been previously experienced; and that the definition and determination of a disability had been established by the US Department of Defense. In response to Commissioner Jordan’s inquiry regarding whether this proposed ordinance superseded the Community Small Business Enterprise (CSBE) program, Ms. Miriam Singer, Director, Department of Procurement Management, said that the CSBE program took precedence over this proposal. Commissioners Souto and Sosa acknowledged veterans for their contributions to our nation, and indicated their support for this proposal. There being no further questions or comments, it was moved by Commissioner Diaz that the foregoing proposed ordinance be adopted as amended to add the following language to the end of Section 1(2): “However, if a Local Certified Service-Disabled Veteran Business Enterprise is the lowest bidder as the result of a Best and Final Bid, (also known as a BAFO), then the price submitted as part of the Best and Final Bid shall be the contract price”; and to add Section 4: “In procurements where SBE, (Small Business Enterprises) measures are being applied, a Local Certified Service-Disabled Veteran Business Enterprise, who is also an SBE, shall not receive the veteran preferences provided in this section and shall be limited to any applicable SBE preferences”. This motion was seconded by Commissioner Jordan and upon being put to a vote, passed by a vote of 11-1, (Commissioner Seijas voted “no”) (Commissioner Barreiro was absent).

Legislative Text

TITLE
ORDINANCE ESTABLISHING PROCEDURES FOR PROVIDING PREFERENCE TO LOCAL CERTIFIED SERVICE-DISABLED VETERAN BUSINESSES IN COUNTY CONTRACTS; CREATING SECTION 2-8.5.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The Code of Miami-Dade County is hereby amended by adding the following new section thereto as Section 2-8.5.11
>>Sec. 2-8.5.1 Procedure to Provide Preference to Local Certified Service-Disabled Veteran Business Enterprises in County Contracts

(1) Definitions: Local Certified Service Disabled Veteran Business Enterprise is a firm that is (a) a local business pursuant to Section 2.8.5 of the Code of Miami-Dade County and (b) prior to proposal or bid submittal is certified by the State of Florida Department of Management Services as a service-disabled veteran business enterprise pursuant to Section 295.187 of the Florida Statutes.

(2) A Local Certified Service-Disabled�Veteran Business Enterprise that submits a bid for a contract shall receive a bid preference of five percent of the price bid. These preferences will only be used for evaluating and awarding the bids and shall not affect the contract price. However, if a Local Certified Service-Disabled Veteran Business Enterprise is the lowest bidder as a result of a Best and Final Bid (also known as a BAFO), then the price submitted as part of the Best and Final Bid shall be the contract price.
(3) A Local Certified Service-Disabled Veteran Business Enterprise that submits a proposal in response to an RFP, RFQ, RFI or a Notice to Professional Consultants that assigns weights to evaluation and selection criteria shall receive an additional five percent of the evaluation points scored on the technical portion of such bidder�s proposal.
(4) In procurements where SBE (Small Business Enterprises) measures are being applied, a Local Certified Service-Disabled Veteran Business Enterprise who is also an SBE shall not receive the veteran preferences provided in this section and shall be limited to any applicable SBE preferences.
(5) At the time of bid or proposal submission, the firm must affirm in writing its compliance with the certification requirements of Section 295.187 of the Florida Statutes and submit this affirmation and a copy of the actual certification along with the bid or proposal submission.
(6) In the event that Broward, Palm Beach or Monroe County extend preferences to Local Certified Service-Disabled Veteran Business Enterprises, Miami-Dade County may enter into an inter-local agreement with such County wherein the preferences of this section may be extended and made available to vendors that are both Certified Service-Disabled Veteran Business Enterprises and considered local vendors in those counties pursuant to Section 2-8.5 of the Code of Miami-Dade County. Nothing in this ordinance is meant to limit any preferences otherwise available to local businesses pursuant to the Code.<<
Section 2. If any section, subsection, sentence, or clause of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida.� The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4.� This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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